How to agree with the archive of creation of personnel documents in electronic form

How to agree with the archival institution on the creation of personnel documents in electronic form at the enterprise?
For some time, enterprises had to coordinate actions with the archive, but in accordance with the order of the Ministry of Justice of Ukraine dated October 14, 2022 No. 4527/5 "On approval of changes to the Procedure for working with electronic documents in record keeping and their preparation for transfer to archival storage", registered by the Ministry of Justice of Ukraine October 17, 2022 No. 1252/38588 (with amendments) (hereinafter the Procedure), the requirement for the approval by legal entities of the creation of documents on personnel issues (personnel) in electronic form with the relevant state archival institution, the archival department of the city council has been eliminated , and the issue of transfer to archival storage of properly certified paper copies of electronic documents for permanent storage has been regulated and long-term (over 10 years) storage.

In accordance with clause 5 of chapter 1 of section I of the Procedure , institutions organize record keeping on the basis of their own instructions and regulations on record keeping, taking into account the requirements of this Procedure, namely:

Clause 1 of Chapter I of the Standard Instruction on Documenting Management Information in Electronic Form and Organization of Work with Electronic Documents in Office Management, Electronic Interdepartmental Exchange, approved by Resolution No. 55 of the Cabinet of Ministers of Ukraine dated January 17, 2018 (hereinafter referred to as the Instruction), establishes the general rules for monitoring the status implementation of management decisions. The instruction applies to all electronic documents created, sent or received by state institutions and enterprises of all forms of ownership. Clause 2 of the Instructions specifies that documents are created in paper form only in the following cases: when documents contain information with limited access, the requirement for protection of which is established by law; electronic documents that cannot be used as originals according to the requirements of the law; documents, the requirement for the processing of which in paper form is established by acts of the Cabinet of Ministers of Ukraine.

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Institutions can develop and approve separate regulations for working with electronic documents, taking into account the requirements of the Procedure , as well as the specifics of the organization of the institution's activities, the characteristics of the technical and software tools operating in the institution. According to clause 4 of chapter 1 of section I of the Procedure, institutions are required to create documents for permanent and long-term (more than 10 years) storage in two forms: paper, electronic. In accordance with Chapter 1 of Section IV "Rules for the organization of record keeping and archival storage of documents in state bodies, local self-government bodies, enterprises, institutions and organizations", approved by the order of the Ministry of Justice of Ukraine dated 18.06.2015 No. 1000/5 and registered in the Ministry of Justice of Ukraine 22.06.2015 under No. 736/27181 , each institution must have a nomenclature of cases for a unified procedure for forming cases regardless of the form of the information carrier, ensuring their accounting, prompt search of documents according to their content and type, determination of storage terms.

The terms of storage of documents created in the institution are determined by the List of standard documents created during the activities of state bodies and local self-government bodies, other legal entities, with an indication of the terms of document storage, approved by the order of the Ministry of Justice of Ukraine dated 04.12.2012 No. 578/5, registered in Ministry of Justice of Ukraine 04/17/2012 No. 571/20884 .

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Abolition of the mandatory agreement with archival institutions for the creation of personnel documents in electronic form simplifies paperwork at enterprises and institutions. The new procedure emphasizes the internal regulation of document circulation processes, which allows for more efficient organization of work with electronic documents. At the same time, the requirement to create documents for permanent and long-term storage in two forms - paper and electronic - remains important. This ensures the preservation of information and its availability in the long term. Successful implementation of electronic document management requires careful organization, compliance with regulatory requirements and implementation of modern technical means .

Templates that may be useful:

- Application and order for vacation;

- Application and dismissal order;

- Application and order for employment;

- Order on introduction of remote work;

- Dismissal order in connection with liquidation of the enterprise;

- Regulations on the use of the electronic document management system and the Order on approval ;

- Provisions on document circulation in the LLC ;

- Regulations on the accounting policy and organization of the accounting of the LLC ;

- Provisions on remuneration of employees, Provisions on bonusing of employees ;

- Job description of an accountant ;

- Job description of the sales manager ;

-Job description of a procurement department specialist ;

- Job description of a legal consultant ;

- Employment contract on remote work (standard form)

- Employment contract on home work (standard form)

Date of publication: 28.01.2025

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